Traditional and Nontraditional Litigation Paper

Traditional and Nontraditional Litigation Systems

The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation is a time consuming and costly process. Alternative Dispute Resolution (ADR) is a response to the expenses of lawsuits and a popular means for resolve of cases prior to trial. ADR offers a less expensive way to resolve contract and commercial disputes while minimizing the business risks associated with traditional litigation.

Traditional Litigation versus Alternative Dispute Resolution

The litigation process is time consuming because of the different phases of the process. The first phase is the pretrial litigation process that involves pleadings, discovery, dismissals and pretrial judgments, and settlement conferences (Cheeseman, 2010). The trial phase involves jury selection, opening statements, the Plaintiff's case, the Defendant's case, rebuttal, closing arguments, jury instructions, jury deliberation, and entry of judgment. The appeal phase can begin once the court enters a final judgment. A trial is a more formal and a more slow process, more costly for parties involved, and judgments are enforceable by the court system. Litigation can be very time consuming and expensive for the defendant and plaintiff.

Alternative Dispute Resolution (ADR) offers a less formal and intimidating environment for the parties involved, a quicker method, and less expensive resolution for the organization. ADR involves an impartial third party to facilitate negotiations and resolutions prior to litigation. ADR is a process attended or participated in for negotiating a resolution of a civil proceeding, resolving or narrowing issues in dispute through mediation, neutral evaluation, judicial resolution, settlement, conciliation, determination, or arbitration (Hill, 2011).

ADRs most common form is arbitration (Cheeseman, 2010). Parties chose a neutral third party to decide the dispute. Parties are often bound in advance to agree to the arbitrator's decision. Mediation is one of the best-known forms of ADR. Mediation involves a meeting with a neutral third party whose purpose is to help the party reach an agreement (Hills, 2011). The mediator is a facilitator and not an adjudicator or judge and does not decide the resolution.

ADR offers business and organizations different alternatives to reach resolutions without the risk of traditional litigation.

Business and Organizational Risks with Traditional Litigation

Resolution for all cases is not possible using ADR; businesses need to understand the risks associated with litigation. Lawyer's fees are one of the largest impacts on businesses engaged in lawsuits. Another impact of litigation is the process is public; mediation offers